The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsels are appearing on behalf of their respective parties in the Court, the Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.343 of 2020, under Sections 302 and 201 I.P.C., P.S. Buxa, District-Jaunpur and is in jail since 05.01.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the death of his son who was aged about 22 years old. Three persons including the present applicant were named in the F.I.R. It was mentioned in the F.I.R. that son of the complainant was working with the present applicant in Haryana. They had returned two months ago. On 18.12.2020 the present applicant along with Mansha came to the house of complainant and told that they had to go back to Haryana. Thereafter the deceased along with named accused persons had gone but later on his deadbody was found in the Sai river. F.I.R. was lodged on 29.12.2020.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case; there is no eye witness account of the incident; present applicant and deceased both were working in Haryana; there was no motive for the present applicant to commit murder of the deceased. He further submitted that co-accused Mansha @ Hansraj and Shailendra @ Vijan have been granted bail by co-ordinate Benches of this Court vide orders dated 12.04.2021 and 05.04.2021 passed in Criminal Misc.Bail Application Nos.15999 of 2021 and 13112 of 2021 respectively.
He lastly submitted that the applicant has explained his criminal antecedents in para-19 of the affidavit.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Preetam Singh @ Kanhaiya Lal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.8.2021 Asha